About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job.…
A plaintiff asserting a retaliation claim against his employer must establish three elements: A protected activity (such as complaining about discrimination), A materially adverse employment action (such as a termination of employment), and A connection between the first and second element (i.e., an employer fired him for complaining about discrimination)…
(Allegedly.) Three lies and no baby. According to a Georgia Office of the Inspector General (OIG), a state employee informed HR that she was pregnant in October 2020. Seven months later, in May 2021, she announced that she had given birth. The employer later received an email from an individual claiming…
And that’s just the tip of the iceberg in this blistering (albeit, PG-rated) 58-page dissent to yesterday’s non-precedential Fifth Circuit decision, in which the majority concluded that a private company’s workplace vaccine mandate could irreparably harm individuals with disabilities and strong religious beliefs. So, orgies, eh? That’s nothing. Check out…
Proving that the U.S. Equal Employment Opportunity Commission doesn’t just enforce anti-discrimination laws on behalf of the “little guy,” the EEOC announced on Monday that it had recovered $250,000 from a company that allegedly terminated its former CFO because of his disability. Yes, that’s when it happened. Or, at least…
If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn. (The rest…
You get a jury trial on an Americans with Disabilities Act claim. Paging Doctor HR! Last night, I read a 38-page federal court decision with a fact pattern that, unfortunately, sounds all-too-familiar. The plaintiff applies for a position as a forklift operator — a position he has held…
I had this great post planned for today about the millions of American workers who skip work the day after the Super Bowl — and what employers can do (legally) to address it. Then, I remembered that I wrote about it back in 2020. So, since I’m feeling lazy pragmatic,…
On Tuesday, I warned you that your company’s arbitration agreements for sexual harassment claims might not survive February intact. Folks, they may not make it to the Super Bowl. On Monday night, the House voted 335-97 to pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…
I’m not sure if we are still in the middle of the “Great Resignation,” the “Great Renegotiation,” or something else entirely. I am sure, however, that I could go for a great piece of coconut cream pie right now. Additionally, I know that among life’s certainties are death, taxes, and employees…